ICC: Jonathan defends Kenyatta

President Goodluck Jonathan on Saturday said it was important that the international community, in particular the International Criminal Court, should give the elected leaders of Kenya the space to discharge their mandate in meeting the aspirations and needs of their people.

Jonathan spoke while faulting certain Articles of the Rome Statute which, he said, were of grave concern to Africa.

Specifically, Jonathan faulted Article 27 of the Statute, which denies immunity to all persons. Such denial of immunity, he said, was without regard to customary international law, conventions and established norms.

Jonathan made the submission in his statement at the extraordinary session of African Union Heads of State and Government in Addis Ababa, Ethiopia, a copy of which was made available to our correspondent in Abuja.

The session was called, among other objectives, to discuss Africa’s relationship with the ICC, especially as it related to the trial of Kenya’s President, Uhuru Kenyatta, and his Deputy, William Ruto, who are facing charges of crimes against humanity for allegedly helping to orchestrate post-election violence in the country.

He said, “It will be useful to point out the limitations of the Rome Statute in order to strengthen the ICC and reposition it for greater fairness and equity in the discharge of its noble responsibilities.

This Assembly should urgently call its members in the Assembly of States Party of the Statute to mobilise requisite support to achieve reforms in the shortest time possible.

“Our position is that certain Articles of the Rome Statute are of grave concern to Africa. In particular, Article 27, which denies immunity to all persons without regard to customary international law, conventions and established norms, must be amended.

“Similarly, Articles 63 and 98 need close scrutiny and review. There is also the need to align Articles 27 and 98, with a view to bringing them in conformity with the tenets of customary international law, conventions and norms.”

Jonathan said in making deliberations on the ICC, it would be wrong to lose sight of the legal identity of AU relative to the obligations of States Parties of the Rome Statute, to which 34 African countries, including Nigeria, are signatories.

He said it was important that all member-states balanced their interests in a manner which enable signatory and non-signatory members of the union to express solidarity with one another on matters arising from their obligations.